The [expert] reports must be given full evidentiary value since they were signed and reviewed
by experts in the exercise of their duties. 2.- Moreover, during the hearing, the Court also heard
the opinions provided, in order, by the Attorney of the Public Prosecution Service, the Technical
Legal Counsel and the inmate María Inés Chinchilla Sandoval; 3.-Accordingly, the Judge infers
that while it is true that the diseases currently suffered by the inmate, including (DIABETES
MELLITUS), require rigorous control by the authorities of the Women’s Orientation Center, and
specifically by the Center’s medical staff, it is no less true that at present those illnesses do not
constitute a terminal illness according to the experts present at today’s hearing; thus, it is clear
that they do not conclude that the aforementioned inmate is in danger of dying at present […]
127.
On September 11, 2003, Mrs. Chinchilla lodged an appeal against that decision. 192
On September 25, 2003, the Fourth Division of the Court of Appeals dismissed the appeal
because “all three [doctors] were categorical in saying that it was impossible to determine
when death could occur”, and therefore “at the moment she is not in imminent danger.” 193
C.4
Fourth incidental motion for “extraordinary early release through
Remission of Sentences”
128.
On March 3, 2004, Mrs. Chinchilla filed a motion for “extraordinary early release”
through Remission of Sentences”194 before the Second Criminal Enforcement Court, based on
Article 495 of the Code of Criminal Procedure and Article 7(c) of the Remission of Sentences
Law, concerning special remission on humanitarian grounds. In the motion, Mrs. Chinchilla
reiterated the illnesses and ailments mentioned previously and pointed out that she had “been
classified as a TERMINAL CASE.” Attached were two certifications from the Head of the Medical
Records Department of the San Juan de Dios Hospital, stating that she had “terminal occlusive
arteriosclerotic disease” with 80% probability that her left limb would eventually be
amputated.195
129.
On March 17, 2004, the Deputy Director of the COF sent the judge “a photocopy
of the medical certificate issued by the Chief of the First Women’s Surgery Unit, San Juan de
Dios Hospital” 196 and an “Opinion of the Multidisciplinary Team”, according to which Mrs.
Chinchilla “[…] should be granted special release because she is unable to fend for herself and
the Center does not have specialized staff to provide her with a personal service.” 197
130.
At the request of the Judge, on March 15, 2004, the Public Prosecution Service
conducted a medical examination of Mrs. Chinchilla and said that “she presents […] pain in
her left hip when she moves, and also has a tumor.” The report added that “she is not taking
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Remission of Sentences File No. 169-03. Appeal filed on behalf of Mrs. María Inés Chinchilla Sandoval
of September 11, 2003 (evidence file, folios 935-940).
192
Cf. Incidental Motions for Early Release. Judiciary. Second Criminal Enforcement Court. Enforcement No.
429-96 Of. 7. Remission of Sentences File No. 169-03. Appeal No, 243-2003. Of. 2. Decision of the Fourth Division
of the Court of Appeals. September 25, 2003 (evidence file, folios 945-947).
193
Cf. Incidental Motions for Early Release. Letter from f Mrs. María Inés Chinchilla Sandoval to the Judge of
the Second Criminal Enforcement Court of March 3, 2004 (evidence file, folios 762-763).
194
Cf. Incidental Motions for Early Release. San Juan de Dios General Hospital. Medical Records Department.
Certifications No. 2076/02 and No. 447/04, of November 18, 2002 and March 2, 2004 respectively (evidence file,
folios 764 and 766).
195
Cf. Incidental Motions for Early Release. Communication from the Deputy Director of the COF of March 17,
2004, Official letter No. 019-2004 (evidence file, folio 768).
196
Cf. Incidental Motions for Early Release. Communication of the Multidisciplinary Team of March 17, 2004
(evidence file, folio 769).
197
41